Pooja Rani Vs Saurav Garg — Domestic Violence | Punjab & Haryana HC (2026)

Pooja Rani Vs Saurav Garg — Domestic Violence | Punjab & Haryana HC (2026)

What the court decided

AI extract

Outcome

Transfer application allowed: petition HMA/445/2024 ('Saurav Garg v/s Pooja Rani') under Section 13 of the Hindu Marriage Act transferred from the Family Court, Barnala to the Family Court (Camp Court), Sunam, District Sangrur; requisite record to be sent by Family Court, Barnala to the District and Sessions Judge, Sangrur, who shall assign the petition to the Camp Court at Sunam; parties directed to appear before the transferee court within one month.

Issue for consideration

Whether the transfer application seeking transfer of the petition HMA/445/2024 ('Saurav Garg v/s Pooja Rani') under Section 13 of the Hindu Marriage Act, pending in the Family Court, Barnala, to the Family Court, Sunam, District Sangrur, should be accepted after balancing the convenience of the parties.

Court's answer

With two children born of the wedlock, the elder son in the applicant's custody and the younger in the respondent's, the applicant having no source of earning and pursuing two proceedings already pending at Sunam which the respondent attends, and her mother about 70% handicapped, while counsel for the respondent could not pin-point any constrained circumstance faced by him in pursuing the litigation, balancing the convenience/inconvenience of both parties it is just and expedient to accept the transfer application.

Ratio / Principle

The petition under Section 13 of the Hindu Marriage Act (HMA/445/2024, titled 'Saurav Garg v/s Pooja Rani') stands transferred from the Family Court, Barnala to the Family Court (Camp Court), Sunam, District Sangrur, and the requisite record of the case is to be sent by the Family Court, Barnala to the District and Sessions Judge, Sangrur.

Key takeaways

The learned District and Sessions Judge, Sangrur shall assign the transferred petition to the Family Court (Camp Court), Sunam, and both parties are directed to appear before the Family Court (Camp Court), Sunam within one month from the date of the order.ratio¶29

Detailed headnote1 paragraphs

Punjab & Haryana High Court (TA-577-2025; Archana Puri, J., oral; decided 16.01.2026): Wife-applicant's transfer application allowed. Grounds relied upon: elder son (of two, aged about 7 and 4) in her custody, younger son with the respondent; applicant has no source of earning; a petition under S.144 BNSS and a complaint under S.12 of the Protection of Women from Domestic Violence Act are already pending at Sunam with the respondent appearing therein; her mother is about 70% handicapped; the respondent could pin-point no constrained circumstance on his side. Balancing the convenience/inconvenience of the parties, the petition under S.13 Hindu Marriage Act (HMA/445/2024, 'Saurav Garg v/s Pooja Rani') was transferred from the Family Court, Barnala to the Family Court (Camp Court), Sunam, District Sangrur; Barnala court to send the record to the District and Sessions Judge, Sangrur, who shall assign the petition to the Camp Court at Sunam; both parties directed to appear there within one month. Marked speaking/reasoned: Yes; reportable: Yes/No.